Every part of the OVI process, from the traffic stop, to the arrest and court procedures, can be confusing and intimidating. Properly dealing with an OVI can help you reduce your expenses and jail time, and get you back on the road without needless delay. If you have been arrested for an OVI, an experienced Cincinnati OVI attorney can help you through every step of this difficult situation.
When you find yourself dealing with an Ohio OVI, it’s important to seek skilled legal counsel as soon as possible. Our office has helped many clients successfully conclude their OVI prosecution, and we know what you are going through during this difficult time. Contact Luftman, Heck & Associates to begin your OVI defense today. Call our office at (513) 338-1890.
Your Traffic Stop Resulting In An OVI
An officer will need to establish probable cause that you are intoxicated in order to arrest you for an OVI, and that happens in your traffic stop. Police can establish probable cause for an OVI arrest through three steps in a traffic stop.
- While the vehicle is in motion, officers are looking for weaving, problems making stops, sudden changes in speed, and other unsafe driving practices before they pull you over. This can establish justification for stopping you in the first place.
- The personal contact step involves the officer speaking with you and looking for issues that indicate possible intoxication such as glassy eyes, slurred speech, or the odor of alcohol.
- Field sobriety tests, such as the one leg standing test or the walk and turn test, are often requested to build clear evidence that you are intoxicated.
It’s important to note and write down every detail of your stop as soon as is conveniently possible, and then to call your lawyer. Small details can be of great help in building your OVI defense.
Handling A Breath Or Blood Test
The police often want a breath or blood test after an OVI arrest in order to precisely determine the blood alcohol content (BAC) of the driver. Due to Ohio’s implied consent laws, your license will be suspended for at least one year if you refuse to take one of these chemical tests. This is usually longer than the suspension that is handed down to those who are found guilty of their first OVI offense.
To properly conduct a chemical test, officers must make sure that all equipment and timeline protocols are followed, and the results of your test can be inadmissible in your prosecution if they are not. On the other hand, refusing to submit to such a test can still eventually result in being convicted of an OVI in addition to having your license suspended immediately.
Your Court And Plea Bargaining Experience
After OVI arrest you will face an arraignment hearing in court where you will be formally notified of your charges and be given the opportunity to make a plea of guilty or not guilty. It can be of great help to your case to contact your lawyer immediately after your arrest and before your arraignment. This way you lawyer can be present in court with you from the beginning, help you with your plea, and gather as much information about the state’s case against you at the arraignment.
While some OVI cases go to trial, the vast majority do not. It’s possible that your charges will be dropped after you help your lawyer demonstrate that the procedure to arrest you was improperly done, and your rights were somehow violated. If your charges are not dropped, it’s still possible for the prosecutor to offer you a reduced charge after negotiating with your lawyer. The decision to accept a reduced charge, often known as a plea deal, is entirely up to you, and your lawyer can help you understand your options before you make any decision.
Luftman, Heck & Associates Can Help
Being charged with OVI in Ohio is a very serious matter, and you can be facing a permanent scar on your record, large fines, and even jail time. Our attorneys understand how an OVI arrest and conviction can turn your life upside down, and we know how to help you seek the most favorable outcome in your situation.